NPS 8 Attachments

OMB_NPS-8_2024_Attachments.pdf

Capital Punishment Report of Inmates Under Sentence of Death

NPS 8 Attachments

OMB: 1121-0030

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ATTACHMENT 1: Title 34 U.S.C. § 10132

ATTACHMENT 2: National Prisoner Statistics Program, NPS-8 (New Report
of Inmate Under Sentence of Death) Sample data collection Form

ATTACHMENT 3: National Prisoner Statistics Program, NPS-8A (Update Report
of Inmate Under Sentence of Death) Sample data collection form

ATTACHMENT 4: National Prisoner Statistics Program, NPS-8B (Status of Death
Penalty Statutes, No Statute In Force) Sample data collection form

ATTACHMENT 5: National Prisoner Statistics Program, NPS-8C (Status of Death
Penalty Statutes, Statute In Force) Sample data collection form

ATTACHMENT 6: National Prisoner Statistics Program, NPS-8/8A (Reports of
inmates under sentence of death) Screenshots of 2022 secure web
data collection tool

ATTACHMENT 7: National Prisoner Statistics Program, NPS-8B/8C (Status of Death
Penalty Statutes) Screenshots of 2022 secure web data collection tool

ATTACHMENT 8: Substantive comments received by BJS in response to the Federal
Register Notice of OMB review of NPS-8 data collection

ATTACHMENT 9: National Prisoner Statistics Program, NPS-8/8A (Reports of
inmates under sentence of death) Sample Data collection request letter

ATTACHMENT 10: National Prisoner Statistics Program, NPS-8/8A Sample login
information letter

ATTACHMENT 11: National Prisoner Statistics Program, NPS-8/8A Sample data
collection flyer

ATTACHMENT 12: National Prisoner Statistics Program, NPS-8B/8C (Status of
Death Penalty Statutes) Sample data collection request letter

ATTACHMENT 13: National Prisoner Statistics Program, NPS-8B/8C Sample data
collection flyer

ATTACHMENT 14: National Prisoner Statistics Program, NPS-8/8A Sample BJS
Email data release notification letter

ATTACHMENT 15: National Prisoner Statistics Program, NPS-8B/8C Sample BJS
Email data release notification letter

Attachment 1:
Title 34 U.S.C § 10132

34 USC Subtitle I, CHAPTER 101, SUBCHAPTER III: BUREAU OF JUSTICE STATISTICS
From Title 34—CRIME CONTROL AND LAW ENFORCEMENT
Subtitle I—Comprehensive Acts
CHAPTER 101—JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER III—BUREAU OF JUSTICE STATISTICS

§10131. Statement of purpose
It is the purpose of this subchapter to provide for and encourage the collection and analysis of statistical information
concerning crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the civil
justice system and to support the development of information and statistical systems at the Federal, State, and local
levels to improve the efforts of these levels of government to measure and understand the levels of crime, juvenile
delinquency, and the operation of the criminal justice system and related aspects of the civil justice system. The
Bureau shall utilize to the maximum extent feasible State governmental organizations and facilities responsible for the
collection and analysis of criminal justice data and statistics. In carrying out the provisions of this subchapter, the
Bureau shall give primary emphasis to the problems of State and local justice systems.
(Pub. L. 90–351, title I, §301, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98–473,
title II, §605(a), Oct. 12, 1984, 98 Stat. 2079.)

CODIFICATION
Section was formerly classified to section 3731 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.

PRIOR PROVISIONS
A prior section 301 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 199; Pub. L. 91–644, title I, §4(1)–(4),
Jan. 2, 1971, 84 Stat. 1882; Pub. L. 93–83, §2, Aug. 6, 1973, 87 Stat. 199; Pub. L. 94–503, title I, §§109,
128(b), Oct. 15, 1976, 90 Stat. 2411, 2424, related to purposes and categories of grants for law
enforcement and criminal justice purposes, prior to the general amendment of this chapter by Pub. L. 96–
157.

AMENDMENTS
1984—Pub. L. 98–473 struck out "(including white-collar crime and public corruption)" after "information
concerning crime" and "(including crimes against the elderly, white-collar crime, and public corruption)"
after "levels of crime".

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out
as an Effective Date note under section 10101 of this title.

§10132. Bureau of Justice Statistics
(a) Establishment
There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau
of Justice Statistics (hereinafter referred to in this subchapter as "Bureau").
(b) Appointment of Director; experience; authority; restrictions
The Bureau shall be headed by a Director appointed by the President. The Director shall have had experience in
statistical programs. The Director shall have final authority for all grants, cooperative agreements, and contracts
awarded by the Bureau. The Director shall be responsible for the integrity of data and statistics and shall protect
against improper or illegal use or disclosure. The Director shall report to the Attorney General through the Assistant
Attorney General. The Director shall not engage in any other employment than that of serving as Director; nor shall the
Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau
makes any contract or other arrangement under this Act.
(c) Duties and functions of Bureau

The Bureau is authorized to—
(1) make grants to, or enter into cooperative agreements or contracts with public agencies, institutions of higher
education, private organizations, or private individuals for purposes related to this subchapter; grants shall be made
subject to continuing compliance with standards for gathering justice statistics set forth in rules and regulations
promulgated by the Director;
(2) collect and analyze information concerning criminal victimization, including crimes against the elderly, and civil
disputes;
(3) collect and analyze data that will serve as a continuous and comparable national social indication of the
prevalence, incidence, rates, extent, distribution, and attributes of crime, juvenile delinquency, civil disputes, and
other statistical factors related to crime, civil disputes, and juvenile delinquency, in support of national, State, tribal,
and local justice policy and decisionmaking;
(4) collect and analyze statistical information, concerning the operations of the criminal justice system at the
Federal, State, tribal, and local levels;
(5) collect and analyze statistical information concerning the prevalence, incidence, rates, extent, distribution, and
attributes of crime, and juvenile delinquency, at the Federal, State, tribal, and local levels;
(6) analyze the correlates of crime, civil disputes and juvenile delinquency, by the use of statistical information,
about criminal and civil justice systems at the Federal, State, tribal, and local levels, and about the extent,
distribution and attributes of crime, and juvenile delinquency, in the Nation and at the Federal, State, tribal, and local
levels;
(7) compile, collate, analyze, publish, and disseminate uniform national statistics concerning all aspects of criminal
justice and related aspects of civil justice, crime, including crimes against the elderly, juvenile delinquency, criminal
offenders, juvenile delinquents, and civil disputes in the various States and in Indian country;
(8) recommend national standards for justice statistics and for insuring the reliability and validity of justice statistics
supplied pursuant to this chapter;
(9) maintain liaison with the judicial branches of the Federal Government and State and tribal governments in
matters relating to justice statistics, and cooperate with the judicial branch in assuring as much uniformity as feasible
in statistical systems of the executive and judicial branches;
(10) provide information to the President, the Congress, the judiciary, State, tribal, and local governments, and the
general public on justice statistics;
(11) establish or assist in the establishment of a system to provide State, tribal, and local governments with access
to Federal informational resources useful in the planning, implementation, and evaluation of programs under this Act;
(12) conduct or support research relating to methods of gathering or analyzing justice statistics;
(13) provide for the development of justice information systems programs and assistance to the States, Indian
tribes, and units of local government relating to collection, analysis, or dissemination of justice statistics;
(14) develop and maintain a data processing capability to support the collection, aggregation, analysis and
dissemination of information on the incidence of crime and the operation of the criminal justice system;
(15) collect, analyze and disseminate comprehensive Federal justice transaction statistics (including statistics on
issues of Federal justice interest such as public fraud and high technology crime) and to provide technical assistance
to and work jointly with other Federal agencies to improve the availability and quality of Federal justice data;
(16) provide for the collection, compilation, analysis, publication and dissemination of information and statistics
about the prevalence, incidence, rates, extent, distribution and attributes of drug offenses, drug related offenses and
drug dependent offenders and further provide for the establishment of a national clearinghouse to maintain and
update a comprehensive and timely data base on all criminal justice aspects of the drug crisis and to disseminate
such information;
(17) provide for the collection, analysis, dissemination and publication of statistics on the condition and progress of
drug control activities at the Federal, State, tribal, and local levels with particular attention to programs and
intervention efforts demonstrated to be of value in the overall national anti-drug strategy and to provide for the
establishment of a national clearinghouse for the gathering of data generated by Federal, State, tribal, and local
criminal justice agencies on their drug enforcement activities;
(18) provide for the development and enhancement of State, tribal, and local criminal justice information systems,
and the standardization of data reporting relating to the collection, analysis or dissemination of data and statistics
about drug offenses, drug related offenses, or drug dependent offenders;
(19) provide for improvements in the accuracy, quality, timeliness, immediate accessibility, and integration of State
and tribal criminal history and related records, support the development and enhancement of national systems of
criminal history and related records including the National Instant Criminal Background Check System, the National
Incident-Based Reporting System, and the records of the National Crime Information Center, facilitate State and
tribal participation in national records and information systems, and support statistical research for critical analysis of
the improvement and utilization of criminal history records;
(20) maintain liaison with State, tribal, and local governments and governments of other nations concerning justice
statistics;
(21) cooperate in and participate with national and international organizations in the development of uniform
justice statistics;
(22) ensure conformance with security and privacy requirement of section 10231 of this title and identify, analyze,
and participate in the development and implementation of privacy, security and information policies which impact on
Federal, tribal, and State criminal justice operations and related statistical activities; and

(23) exercise the powers and functions set out in subchapter VII.
(d) Justice statistical collection, analysis, and dissemination
(1) In general
To ensure that all justice statistical collection, analysis, and dissemination is carried out in a coordinated manner,
the Director is authorized to—
(A) utilize, with their consent, the services, equipment, records, personnel, information, and facilities of other
Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor, and to
enter into agreements with such agencies and instrumentalities for purposes of data collection and analysis;
(B) confer and cooperate with State, municipal, and other local agencies;
(C) request such information, data, and reports from any Federal agency as may be required to carry out the
purposes of this chapter;
(D) seek the cooperation of the judicial branch of the Federal Government in gathering data from criminal justice
records;
(E) encourage replication, coordination and sharing among justice agencies regarding information systems,
information policy, and data; and
(F) confer and cooperate with Federal statistical agencies as needed to carry out the purposes of this
subchapter, including by entering into cooperative data sharing agreements in conformity with all laws and
regulations applicable to the disclosure and use of data.
(2) Consultation with Indian tribes
The Director, acting jointly with the Assistant Secretary for Indian Affairs (acting through the Office of Justice
Services) and the Director of the Federal Bureau of Investigation, shall work with Indian tribes and tribal law
enforcement agencies to establish and implement such tribal data collection systems as the Director determines to
be necessary to achieve the purposes of this section.
(e) Furnishing of information, data, or reports by Federal agencies
Federal agencies requested to furnish information, data, or reports pursuant to subsection (d)(1)(C) shall provide
such information to the Bureau as is required to carry out the purposes of this section.
(f) Consultation with representatives of State, tribal, and local government and judiciary
In recommending standards for gathering justice statistics under this section, the Director shall consult with
representatives of State, tribal, and local government, including, where appropriate, representatives of the judiciary.
(g) Reports
Not later than 1 year after July 29, 2010, and annually thereafter, the Director shall submit to Congress a report
describing the data collected and analyzed under this section relating to crimes in Indian country.
(Pub. L. 90–351, title I, §302, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98–473,
title II, §605(b), Oct. 12, 1984, 98 Stat. 2079; Pub. L. 100–690, title VI, §6092(a), Nov. 18, 1988, 102 Stat. 4339; Pub.
L. 103–322, title XXXIII, §330001(h)(2), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 109–162, title XI, §1115(a), Jan. 5,
2006, 119 Stat. 3103; Pub. L. 111–211, title II, §251(b), July 29, 2010, 124 Stat. 2297; Pub. L. 112–166, §2(h)(1), Aug.
10, 2012, 126 Stat. 1285.)

REFERENCES IN TEXT
This Act, referred to in subsecs. (b) and (c)(11), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, known as
the Omnibus Crime Control and Safe Streets Act of 1968. For complete classification of this Act to the
Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables.

CODIFICATION
Section was formerly classified to section 3732 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.

PRIOR PROVISIONS
A prior section 302 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 200; Pub. L. 93–83, §2, Aug. 6, 1973,
87 Stat. 201; Pub. L. 94–503, title I, §110, Oct. 15, 1976, 90 Stat. 2412, related to establishment of State
planning agencies to develop comprehensive State plans for grants for law enforcement and criminal
justice purposes, prior to the general amendment of this chapter by Pub. L. 96–157.

AMENDMENTS
2012—Subsec. (b). Pub. L. 112–166 struck out ", by and with the advice and consent of the Senate"
before period at end of first sentence.
2010—Subsec. (c)(3) to (6). Pub. L. 111–211, §251(b)(1)(A), inserted "tribal," after "State," wherever
appearing.
Subsec. (c)(7). Pub. L. 111–211, §251(b)(1)(B), inserted "and in Indian country" after "States".

Subsec. (c)(9). Pub. L. 111–211, §251(b)(1)(C), substituted "Federal Government and State and tribal
governments" for "Federal and State Governments".
Subsec. (c)(10), (11). Pub. L. 111–211, §251(b)(1)(D), inserted ", tribal," after "State".
Subsec. (c)(13). Pub. L. 111–211, §251(b)(1)(E), inserted ", Indian tribes," after "States".
Subsec. (c)(17). Pub. L. 111–211, §251(b)(1)(F), substituted "activities at the Federal, State, tribal, and
local" for "activities at the Federal, State and local" and "generated by Federal, State, tribal, and local" for
"generated by Federal, State, and local".
Subsec. (c)(18). Pub. L. 111–211, §251(b)(1)(G), substituted "State, tribal, and local" for "State and
local".
Subsec. (c)(19). Pub. L. 111–211, §251(b)(1)(H), inserted "and tribal" after "State" in two places.
Subsec. (c)(20). Pub. L. 111–211, §251(b)(1)(I), inserted ", tribal," after "State".
Subsec. (c)(22). Pub. L. 111–211, §251(b)(1)(J), inserted ", tribal," after "Federal".
Subsec. (d). Pub. L. 111–211, §251(b)(2), designated existing provisions as par. (1), inserted par. (1)
heading, substituted "To ensure" for "To insure", redesignated former pars. (1) to (6) as subpars. (A) to
(F), respectively, of par. (1), realigned margins, and added par. (2).
Subsec. (e). Pub. L. 111–211, §251(b)(3), substituted "subsection (d)(1)(C)" for "subsection (d)(3)".
Subsec. (f). Pub. L. 111–211, §251(b)(4)(B), inserted ", tribal," after "State".
Pub. L. 111–211, §251(b)(4)(A), which directed insertion of ", tribal," after "State" in heading, was
executed editorially but could not be executed in original because heading had been editorially supplied.
Subsec. (g). Pub. L. 111–211, §251(b)(5), added subsec. (g).
2006—Subsec. (b). Pub. L. 109–162, §1115(a)(1), inserted after third sentence "The Director shall be
responsible for the integrity of data and statistics and shall protect against improper or illegal use or
disclosure."
Subsec. (c)(19). Pub. L. 109–162, §1115(a)(2), amended par. (19) generally. Prior to amendment, par.
(19) read as follows: "provide for research and improvements in the accuracy, completeness, and
inclusiveness of criminal history record information, information systems, arrest warrant, and stolen
vehicle record information and information systems and support research concerning the accuracy,
completeness, and inclusiveness of other criminal justice record information;".
Subsec. (d)(6). Pub. L. 109–162, §1115(a)(3), added par. (6).
1994—Subsec. (c)(19). Pub. L. 103–322 substituted a semicolon for period at end.
1988—Subsec. (c)(16) to (23). Pub. L. 100–690 added pars. (16) to (19) and redesignated former pars.
(16) to (19) as (20) to (23), respectively.
1984—Subsec. (b). Pub. L. 98–473, §605(b)(1), inserted provision requiring Director to report to Attorney
General through Assistant Attorney General.
Subsec. (c)(13). Pub. L. 98–473, §605(b)(2)(A), (C), added par. (13) and struck out former par. (13)
relating to provision of financial and technical assistance to States and units of local government relating
to collection, analysis, or dissemination of justice statistics.
Subsec. (c)(14), (15). Pub. L. 98–473, §605(b)(2)(C), added pars. (14) and (15). Former pars. (14) and
(15) redesignated (16) and (17), respectively.
Subsec. (c)(16). Pub. L. 98–473, §605(b)(2)(A), (B), redesignated par. (14) as (16) and struck out former
par. (16) relating to insuring conformance with security and privacy regulations issued under section 10231
of this title.
Subsec. (c)(17). Pub. L. 98–473, §605(b)(2)(B), redesignated par. (15) as (17). Former par. (17)
redesignated (19).
Subsec. (c)(18). Pub. L. 98–473, §605(b)(2)(D), added par. (18).
Subsec. (c)(19). Pub. L. 98–473, §605(b)(2)(B), redesignated former par. (17) as (19).
Subsec. (d)(1). Pub. L. 98–473, §605(b)(3)(A), inserted ", and to enter into agreements with such
agencies and instrumentalities for purposes of data collection and analysis".
Subsec. (d)(5). Pub. L. 98–473, §605(b)(3)(B)–(D), added par. (5).

EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments
made on and after that effective date, including any nomination pending in the Senate on that date, see
section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out
as an Effective Date note under section 10101 of this title.

CONSTRUCTION OF 2010 AMENDMENT

Pub. L. 111–211, title II, §251(c), July 29, 2010, 124 Stat. 2298, provided that: "Nothing in this section
[amending this section and section 41507 of this title] or any amendment made by this section—
"(1) allows the grant to be made to, or used by, an entity for law enforcement activities that the
entity lacks jurisdiction to perform; or
"(2) has any effect other than to authorize, award, or deny a grant of funds to a federally
recognized Indian tribe for the purposes described in the relevant grant program."
[For definition of "Indian tribe" as used in section 251(c) of Pub. L. 111–211, set out above, see section
203(a) of Pub. L. 111–211, set out as a note under section 2801 of Title 25, Indians.]

DATA COLLECTION
Pub. L. 115–391, title VI, §610, Dec. 21, 2018, 132 Stat. 5245, provided that:
"(a) NATIONAL PRISONER STATISTICS PROGRAM.—Beginning not later than 1 year after the date of enactment of

this Act [Dec. 21, 2018], and annually thereafter, pursuant to the authority under section 302 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732) [now 34 U.S.C. 10132], the Director
of the Bureau of Justice Statistics, with information that shall be provided by the Director of the Bureau of
Prisons, shall include in the National Prisoner Statistics Program the following:
"(1) The number of prisoners (as such term is defined in section 3635 of title 18, United States Code, as
added by section 101(a) of this Act) who are veterans of the Armed Forces of the United States.
"(2) The number of prisoners who have been placed in solitary confinement at any time during the
previous year.
"(3) The number of female prisoners known by the Bureau of Prisons to be pregnant, as well as
the outcomes of such pregnancies, including information on pregnancies that result in live birth,
stillbirth, miscarriage, abortion, ectopic pregnancy, maternal death, neonatal death, and preterm birth.
"(4) The number of prisoners who volunteered to participate in a substance abuse treatment
program, and the number of prisoners who have participated in such a program.
"(5) The number of prisoners provided medication-assisted treatment with medication approved by
the Food and Drug Administration while in custody in order to treat substance use disorder.
"(6) The number of prisoners who were receiving medication-assisted treatment with medication
approved by the Food and Drug Administration prior to the commencement of their term of
imprisonment.
"(7) The number of prisoners who are the parent or guardian of a minor child.
"(8) The number of prisoners who are single, married, or otherwise in a committed relationship.
"(9) The number of prisoners who have not achieved a GED, high school diploma, or equivalent
prior to entering prison.
"(10) The number of prisoners who, during the previous year, received their GED or other
equivalent certificate while incarcerated.
"(11) The numbers of prisoners for whom English is a second language.
"(12) The number of incidents, during the previous year, in which restraints were used on a female
prisoner during pregnancy, labor, or postpartum recovery, as well as information relating to the type of
restraints used, and the circumstances under which each incident occurred.
"(13) The vacancy rate for medical and healthcare staff positions, and average length of such a
vacancy.
"(14) The number of facilities that operated, at any time during the previous year, without at least 1
clinical nurse, certified paramedic, or licensed physician on site.
"(15) The number of facilities that during the previous year were accredited by the American
Correctional Association.
"(16) The number and type of recidivism reduction partnerships described in section 3621(h)(5) of
title 18, United States Code, as added by section 102(a) of this Act, entered into by each facility.
"(17) The number of facilities with remote learning capabilities.
"(18) The number of facilities that offer prisoners video conferencing.
"(19) Any changes in costs related to legal phone calls and visits following implementation of
section 3632(d)(1) of title 18, United States Code, as added by section 101(a) of this Act.
"(20) The number of aliens in prison during the previous year.
"(21) For each Bureau of Prisons facility, the total number of violations that resulted in reductions
in rewards, incentives, or time credits, the number of such violations for each category of violation, and
the demographic breakdown of the prisoners who have received such reductions.
"(22) The number of assaults on Bureau of Prisons staff by prisoners and the number of criminal
prosecutions of prisoners for assaulting Bureau of Prisons staff.
"(23) The capacity of each recidivism reduction program and productive activity to accommodate
eligible inmates at each Bureau of Prisons facility.

"(24) The number of volunteers who were certified to volunteer in a Bureau of Prisons facility,
broken down by level (level I and level II), and by each Bureau of Prisons facility.
"(25) The number of prisoners enrolled in recidivism reduction programs and productive activities
at each Bureau of Prisons facility, broken down by risk level and by program, and the number of those
enrolled prisoners who successfully completed each program.
"(26) The breakdown of prisoners classified at each risk level by demographic characteristics,
including age, sex, race, and the length of the sentence imposed.
"(b) REPORT TO JUDICIARY COMMITTEES.—Beginning not later than 1 year after the date of enactment of this Act
[Dec. 21, 2018], and annually thereafter for a period of 7 years, the Director of the Bureau of Justice
Statistics shall submit a report containing the information described in paragraphs (1) through (26) of
subsection (a) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives."

INCLUSION OF HONOR VIOLENCE IN NATIONAL CRIME VICTIMIZATION SURVEY
Pub. L. 113–235, div. B, title II, Dec. 16, 2014, 128 Stat. 2191, provided in part: "That beginning not later
than 2 years after the date of enactment of this Act [div. B of Pub. L. 113–235, Dec. 16, 2014], as part of
each National Crime Victimization Survey, the Attorney General shall include statistics relating to honor
violence".

STUDY OF CRIMES AGAINST SENIORS
Pub. L. 106–534, §5, Nov. 22, 2000, 114 Stat. 2557, provided that:
"(a) IN GENERAL.—The Attorney General shall conduct a study relating to crimes against seniors, in order

to assist in developing new strategies to prevent and otherwise reduce the incidence of those crimes.
"(b) ISSUES ADDRESSED.—The study conducted under this section shall include an analysis of—
"(1) the nature and type of crimes perpetrated against seniors, with special focus on—
"(A) the most common types of crimes that affect seniors;
"(B) the nature and extent of telemarketing, sweepstakes, and repair fraud against seniors;
and
"(C) the nature and extent of financial and material fraud targeted at seniors;
"(2) the risk factors associated with seniors who have been victimized;
"(3) the manner in which the Federal and State criminal justice systems respond to crimes against
seniors;
"(4) the feasibility of States establishing and maintaining a centralized computer database on the
incidence of crimes against seniors that will promote the uniform identification and reporting of such
crimes;
"(5) the effectiveness of damage awards in court actions and other means by which seniors
receive reimbursement and other damages after fraud has been established; and
"(6) other effective ways to prevent or reduce the occurrence of crimes against seniors."

INCLUSION OF SENIORS IN NATIONAL CRIME VICTIMIZATION SURVEY
Pub. L. 106–534, §6, Nov. 22, 2000, 114 Stat. 2557, provided that: "Beginning not later than 2 years after
the date of enactment of this Act [Nov. 22, 2000], as part of each National Crime Victimization Survey, the
Attorney General shall include statistics relating to—
"(1) crimes targeting or disproportionately affecting seniors;
"(2) crime risk factors for seniors, including the times and locations at which crimes victimizing
seniors are most likely to occur; and
"(3) specific characteristics of the victims of crimes who are seniors, including age, gender, race or
ethnicity, and socioeconomic status."

CRIME VICTIMS WITH DISABILITIES AWARENESS
Pub. L. 105–301, Oct. 27, 1998, 112 Stat. 2838, as amended by Pub. L. 106–402, title IV, §401(b)(10), Oct.
30, 2000, 114 Stat. 1739, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Crime Victims With Disabilities Awareness Act'.
"SEC. 2. FINDINGS; PURPOSES.
"(a) FINDINGS.—Congress finds that—
"(1) although research conducted abroad demonstrates that individuals with developmental
disabilities are at a 4 to 10 times higher risk of becoming crime victims than those without disabilities,
there have been no significant studies on this subject conducted in the United States;

"(2) in fact, the National Crime Victim's Survey, conducted annually by the Bureau of Justice
Statistics of the Department of Justice, does not specifically collect data relating to crimes against
individuals with developmental disabilities;
"(3) studies in Canada, Australia, and Great Britain consistently show that victims with
developmental disabilities suffer repeated victimization because so few of the crimes against them are
reported, and even when they are, there is sometimes a reluctance by police, prosecutors, and judges
to rely on the testimony of a disabled individual, making individuals with developmental disabilities a
target for criminal predators;
"(4) research in the United States needs to be done to—
"(A) understand the nature and extent of crimes against individuals with developmental
disabilities;
"(B) describe the manner in which the justice system responds to crimes against individuals
with developmental disabilities; and
"(C) identify programs, policies, or laws that hold promises for making the justice system more
responsive to crimes against individuals with developmental disabilities; and
"(5) the National Academy of Science Committee on Law and Justice of the National Research
Council is a premier research institution with unique experience in developing seminal, multidisciplinary
studies to establish a strong research base from which to make public policy.
"(b) PURPOSES.—The purposes of this Act are—
"(1) to increase public awareness of the plight of victims of crime who are individuals with
developmental disabilities;
"(2) to collect data to measure the extent of the problem of crimes against individuals with
developmental disabilities; and
"(3) to develop a basis to find new strategies to address the safety and justice needs of victims of
crime who are individuals with developmental disabilities.
"SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.
"In this Act, the term 'developmental disability' has the meaning given the term in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15002].
"SEC. 4. STUDY.
"(a) IN GENERAL.—The Attorney General shall conduct a study to increase knowledge and information
about crimes against individuals with developmental disabilities that will be useful in developing new
strategies to reduce the incidence of crimes against those individuals.
"(b) ISSUES ADDRESSED.—The study conducted under this section shall address such issues as—
"(1) the nature and extent of crimes against individuals with developmental disabilities;
"(2) the risk factors associated with victimization of individuals with developmental disabilities;
"(3) the manner in which the justice system responds to crimes against individuals with
developmental disabilities; and
"(4) the means by which States may establish and maintain a centralized computer database on
the incidence of crimes against individuals with disabilities within a State.
"(c) NATIONAL ACADEMY OF SCIENCES.—In carrying out this section, the Attorney General shall consider
contracting with the Committee on Law and Justice of the National Research Council of the National
Academy of Sciences to provide research for the study conducted under this section.
"(d) REPORT.—Not later than 18 months after the date of enactment of this Act [Oct. 27, 1998], the
Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of
Representatives a report describing the results of the study conducted under this section.
"SEC. 5. NATIONAL CRIME VICTIM'S SURVEY.
"Not later than 2 years after the date of enactment of this Act, as part of each National Crime Victim's
Survey, the Attorney General shall include statistics relating to—
"(1) the nature of crimes against individuals with developmental disabilities; and
"(2) the specific characteristics of the victims of those crimes."

§10133. Authority for 100 per centum grants
A grant authorized under this subchapter may be up to 100 per centum of the total cost of each project for which
such grant is made. The Bureau shall require, whenever feasible as a condition of approval of a grant under this
subchapter, that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is
sought.
(Pub. L. 90–351, title I, §303, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1178.)

CODIFICATION
Section was formerly classified to section 3733 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.

PRIOR PROVISIONS
A prior section 303 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 201; Pub. L. 91–644, title I, §4(5), (6),
Jan. 2, 1971, 84 Stat. 1883; Pub. L. 93–83, §2, Aug. 6, 1973, 87 Stat. 201; Pub. L. 93–415, title V, §543, Sept.
7, 1974, 88 Stat. 1142; Pub. L. 94–503, title I, §111, Oct. 15, 1976, 90 Stat. 2413; Pub. L. 96–181, §15(b), Jan.
2, 1980, 93 Stat. 1316, set out requirements of State plans in order to qualify for grants for law
enforcement and criminal justice purposes, prior to the general amendment of this chapter by Pub. L. 96–
157.

§10134. Use of data
Data collected by the Bureau shall be used only for statistical or research purposes, and shall be gathered in a
manner that precludes their use for law enforcement or any purpose relating to a private person or public agency other
than statistical or research purposes.
(Pub. L. 90–351, title I, §304, formerly §305, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1179; renumbered
§304, Pub. L. 98–473, title II, §605(d), Oct. 12, 1984, 98 Stat. 2080; amended Pub. L. 109–162, title XI, §1115(b), Jan.
5, 2006, 119 Stat. 3104.)

CODIFICATION
Section was formerly classified to section 3735 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section.

PRIOR PROVISIONS
A prior section 304 of Pub. L. 90–351, as added by Pub. L. 96–157, was classified to section 3734 of Title 42,
The Public Health and Welfare, prior to repeal by Pub. L. 98–473, title II, §605(c), Oct. 12, 1984, 98 Stat.
2080.

AMENDMENTS
2006—Pub. L. 109–162 substituted "private person or public agency" for "particular individual".

Attachment 2:
National Prisoner Statistics Program, NPS-8
(New Report of Inmate Under Sentence of Death)
Sample data collection form

OMB No. 1121-0030: Approval Expires xx/xx/xxxx
FORM NPS-8
(10-01-2022)

U.S. DEPARTMENT OF JUSTICE

CENSUS USE ONLY

BUREAU OF JUSTICE STATISTICS

and ACTING AS COLLECTING AGENT

U.S. DEPARTMENT OF COMMERCE

a. Report year

Economics and Statistics Administration

U.S. CENSUS BUREAU

REPORT OF INMATE UNDER SENTENCE OF DEATH

Card

NATIONAL PRISONER STATISTICS

http://respond.census.gov/nps8

RETURN
TO

11. Date of arrest for

Inmate’s Dept. of Corrections ID.

Month

capital offense

12. Date of conviction for

2. Inmate name
First

Last

Month

Female

14a. Inmate status on December 31, 2022. Mark (X)

appropriate box.
1
Under sentence of death – Continue with item 14b
2
Sentence of death removed – Skip to items 14c and 14d

4a. Ethnicity – Mark (X) appropriate box.
Hispanic
2
Non-Hispanic
or Latino
or Non-Latino
Race – Mark one or more.
1

4b.

Not known

14b. Was this inmate on escape or at a mental hospital
on December 31, 2022?

White
Black or African
American
American Indian
or Alaska Native

1
2
3

Native Hawaiian or other Pacific
Islander

Additional racial category in your
information system – Specify

Yes, on escape – Enter month
and year of escape . . . . .

Yes, at a mental hospital – Enter
month and year of transfer to
mental hospital .

Asian

5. Date of birth

Month

Year

Other – Specify

Marital status at time of first imprisonment for capital
offense
Married – Include common law marriage
Divorced or separated
Widowed

1
2
3

4
5

Never married
Not known

Highest year of education completed at time of first
imprisonment for capital offense
7

7th grade or less
8th grade

1st year of college
2nd year of college

9th grade

3rd year of college

10th grade
11th grade
12th grade –
(Include GED)

4th year of college
More than 4 years of college
Not Known

5
6

11
12

Capital sentence declared
unconstitutional by State or
U.S. Supreme Court . . . . .
Sentence commuted . . . . .
Conviction affirmed, sentence
overturned by appellate or higher
court . .
Conviction and sentence over
turned by appellate or
higher court . . . . . . . . .

–
–
–
–
–
–

Other – Specify

Information not available at this office

death – Mark (X) the one box showing the inmate’s status as of the day
you fill out this report, i.e., TODAY.
1
2
3
4

No charges pending
Charges pending

5
6

UNDER SENTENCE
On probation
On parole
5
On escape
6
Imprisoned
7
Other – Specify legal status
UNKNOWN

Executed – Enter date and skip
to item 15 . . . . . . . . . .
Deceased by other causes –
Enter date and skip to
item 16 . . . . . . . . . . . .

Year

14d. Current status of inmate removed from sentence of

UNDER SENTENCE
2

Year

–

9. Legal status at time of capital offense
Mark (X) appropriate box. NOT
1

Month

CENSUS USE ONLY

–

death – Mark (X) appropriate box.

Number of death sentences imposed
1
Murder 3
Kidnap
4

Year

14c. Reason for inmate’s removal from under sentence of

6. Capital offense(s) for which imprisoned

Rape

Month

NO FURTHER INFORMATION REQUIRED FOR THIS INMATE

–

Year

–

Sex – Mark (X) appropriate box.
Male

Year

–

capital offense

Year

–

capital offense

Middle
Initial

13. Date of sentence for
3.

Cards

Important – Please read instructions on reverse
before completing this form.

Contact [email protected] for questions

1. State

Under new sentence of
Awaiting retrial to determine guilt
Awaiting resentencing only (guilt affirmed)
Found not guilty in retrial
All charges on capital offense dropped
Other – Specify

3
4

7
8

15.

Method of execution – Mark (X) one box showing how the inmate
was executed.
1

10a. Prior felony conviction(s) – Mark (X) appropriate box.

Yes
No

⎫
⎬ Skip to item 11
Unknown⎭

2
3

4
5

10b. Were any of these convictions for criminal homicide?
Yes, prior conviction for
4
5

Murder

Involuntary manslaughter
Manslaughter
Voluntary manslaughter

Vehicular manslaughter

Attempted murder
Other – Specify

16.

Lethal injection
Electrocution
Lethal gas
Hanging
Firing squad
Other – Specify

Cause of death other than execution Mark (X)
the appropriate box.
1
2

No
Unknown

No action has been taken since removal from
sentence of death
Information not available at this office

3
4

Natural causes
Suicide
Murdered by another inmate
Other – Specify

INSTRUCTIONS
Please complete one card for each person who: (1) entered your State’s correctional system under
sentence of death at any time during the report year, or (2) had received a sentence of death in a
previous year but was not previously reported. Attempt to answer all items.

Item b. Card of Cards. Complete this item to insure proper
accounting of all persons under sentence of death in your
correctional system who have not been previously reported.
Item 4a. Ethnicity. Hispanic or Latino persons are those of
Cuban, Mexican, Puerto Rican, South or Central American,
or other Spanish culture or origin, regardless of race.
Item 4b. Race

(1) White. A person having origins in any of the original
peoples of Europe, the Middle East, or North Africa.
(2) Black or African American. A person having origins in
any of the black racial groups of Africa.
(3) American Indian or Alaska Native. A person having
origins in any of the original peoples of North America and
South America (including Central America), and who
maintains tribal affiliation or community attachment.
(4) Asian. A person having origins in any of the original
peoples of the Far East, Southeast Asia, or the Indian
Subcontinent including, for example, Cambodia, China,
India, Japan, Korea, Malaysia, Pakistan, the Philippine
Islands, Thailand, and Vietnam.
(5) Native Hawaiian or Pacific Islander. A person having
origins in any of the original peoples of Hawaii, Guam,
Samoa, or other Pacific Islands.
(6) Additional categories in your system. Any designation
not covered by the above categories. Please specify in the
space provided.

Item 5. Date of Birth. Enter two digits for month (e.g.,
January=01) and four digits for year.

Item 9. Legal status at time of capital offense. If the person was
known to be free in all states with no criminal charges pending
at the time of the offense(s) in Item 6, mark "Not under
sentence
no charges pending.
Item 10a. Prior felony conviction(s). If the person was known
to have been convicted of any felony before being convicted of
the offense(s) in Item 6, mark "Yes" and answer Item 10b.
Item 10b. Prior conviction for criminal homicide. If any prior
felony conviction referenced in Item 10a was for criminal
homicide, mark "Yes" and mark the type(s) of criminal
homicide. If convicted of a type not listed, mark "other" and
specify the type.
Item 12. Date of conviction for capital offense. Generally a
person receives only one conviction for a single or multiple
capital offenses. In this case, enter the month and year the
inmate was found guilty of the capital offense(s) in Item 6. If a
person was convicted of more than one capital offense and
received more than one death sentence, not all on the same
date, record the earliest date that the person was found guilty.
If a person’s previous conviction for the offense(s) shown in
Item 6 was overturned, but the person was subsequently retried
and found guilty, enter the most recent month and year of
conviction. Do not enter the date an appeal was rejected or the
person was admitted to prison.
Item 13. Date of sentence for capital
offense. Enter the date the person was formally sentenced to
death by the court. The date must be the same as or later than
the conviction date in Item 12.
Item 14a. Inmate status on December 31, . Indicate
whether or not the inmate was under sentence of death at the
end of the report year.
Item 14b. Indicate if the inmate was on escape or at a mental
hospital. Enter the month and year of escape or transfer to
mental hospital.

Item 6. Capital offense for which imprisoned. Mark only
those offenses for which a capital sentence was levied in this
jurisdiction. Enter the number of death sentences the
inmate received in the space provided.

Item 14c. Reason for removal from sentence of death.
Complete this item only if the sentence of death was removed
during the report year or earlier. Mark the box which most
accurately describes the means by which the death sentence was
removed.

Item 7. Marital status at time of first imprisonment for
capital offense. "Time of first imprisonment" refers to the
inmate’s original time of arrival at prison after his first
sentencing to death. Separated does not include separation
because of imprisonment.

14d. Current status of Inmate removed from sentence of
death. Mark the one box which best describes the inmate’s legal
status as of THE DATE THIS REPORT IS COMPLETED. If
"Under new sentence", enter length of new sentence.

Item 8. Highest year of education completed at time of
first imprisonment for capital offense. Time frame as in
Item 7 above. Include high school equivalency (GED) as
"12th grade."

FORM NPS-8 (10-01-2022)

Attachment 3:
National Prisoner Statistics Program, NPS-8A
(Update Report of Inmate Under Sentence of Death)
Sample data collection form

FORM

NPS-8A

OMB No. 1121-0030: Approval Expires xx/xx/xxxx

(10-01-2022)

UPDATE REPORT OF INMATES
UNDER SENTENCE OF DEATH
NATIONAL PRISONER STATISTICS

U.S. Department of Justice
Bureau of Justice Statistics
and Acting as Collecting Agent
U.S. Department of Commerce
Economic and Statistics Administration
U.S. Census Bureau

Part A – IDENTIFICATION OF INMATE
Year reported
Census assigned I.D. number
State
Name
Sex
4a. Ethnicity
4b. Race
5. Birth date
6. Capital offense
7. Marital status at time of first imprisonment for capital offense
8. Highest year of education completed at time of first imprisonment for capital offense
9. Legal status at time of capital offense
10a. Prior felony convictions
10b. Were any of these convictions for criminal homicide?
11. Date of arrest for capital offense
12. Date of conviction for capital offense
13. Date of sentence for capital offense
1.
2.
3.

Part B – STATUS OF INMATE
14a. Was this inmate still under sentence of death on
December 31, 2022?
1
2

14d. As of TODAY, what is the status of this inmate?

Yes – Continue with item 14b
No, sentence of death removed – SKIP to items 14c and 14d

1
2
3

14b. Was this inmate on escape or at a mental hospital
on December 31, 2022?
Month
1
Yes, on escape – Enter month
and year of escape
Yes, at a mental hospital –
Month
2
Enter month and year of
transfer to mental hospital
3
No

Year

NO FURTHER INFORMATION IS REQUIRED FOR THIS INMATE
14c. (1) In what month and year
was this inmate removed from
under sentence of death?

4
5

Other – Specify
No action has been taken since removal from sentence of death

Information not available at this office

15. Method of execution – Mark (X) one box showing how the
inmate was executed.
1

Month

Year

2
3
4

(2) What was the reason this inmate was removed from under
sentence of death?
1
2
3
4
5
6

Executed – SKIP to item 15
Deceased by other causes – SKIP to item 16
Capital sentence declared unconstitutional by State or U.S.
Supreme Court
Sentence commuted
Conviction affirmed, sentence overturned by appellate or
higher court
Conviction and sentence overturned by appellate or higher
court

Other – Specify

Information not available at this office

Under new sentence of
Awaiting retrial to determine guilt
Awaiting resentencing only (guilt affirmed)
Found not guilty in retrial
All charges on capital offense dropped

5
6

Lethal injection
Electrocution
Lethal gas
Hanging
Firing squad
Other - Specify

16. Cause of death other than execution – Mark (X) the
appropriate box.

Natural causes
Suicide
Murdered by another inmate

Other – Specify

1
2

Comments

Attachment 4:
National Prisoner Statistics Program, NPS-8B
(Status of Death Penalty Statutes, No Statute in Force)
Sample data collection form

NPS-8B

OMB No. 1121-0030: Approval Expires xx/xx/xxxx

NPS-8B

FORM
(10-01-2022)

RETURN
TO

https://respond.census.gov/nps8ag/

STATUS OF DEATH PENALTY STATUTES
NO STATUTE IN FORCE, 2021
National Prisoner Statistics 2022

U.S. Department of Justice
Bureau of Justice Statistics
and Acting as Collecting Agent
U.S. Department of Commerce
Economic and Statistics Administration
U.S. Census Bureau

(Please correct any error in name, mailing address, and ZIP Code)

DATA SUPPLIED BY
Title

Name
Area code

Number

TELEPHONE

Extension

FAX
NUMBER

Area code

Number

Date completed

E-MAIL
ADDRESS
GENERAL INFORMATION

• If you need assistance in completing the questionnaire, please call Sabrina Webb, U.S. Census
Bureau, toll-free at 1-800-253-2078.
● Please log in to https://respond.census.gov/nps8ag/ and complete your survey before February 13, 2023

Who receives this form?
This form is sent to jurisdictions that had no capital statute in effect on December 31, 2021.
What information is collected?
Items on the reverse side of this form relate to death penalty statutes in your jurisdiction during the period
January 1, 2022, through December 31, 2022.
Burden statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information unless it
displays a currently valid OMB control number. Public reporting burden for this collection of information is
estimated to average 15 minutes per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate or any other aspects of this
collection of information, including suggestions for reducing this burden, to the Director, Bureau of Justice
Statistics, Washington, DC 20531; and to the Office of Management and Budget, OMB No. 1121-0030,
Washington, DC 20503.

1. National Prisoner Statistics (NPS) records show that at the
end of 2021 your State had NO CAPITAL PUNISHMENT
STATUTE. At any time in 2022 was such a law established?

4. As of December 31, 2022 does your State
CONSTITUTION specifically prohibit capital penalties?
01

01
02

No Go to Question 4
Yes

No
Yes
Date

Effective date

Citation
Citation

Please provide a copy of the law.

5. As of December 31, 2022, your State –
01

2. During 2022, was that law explicitly struck by the U.S. or
State Supreme Court?
01

No Go to Question 5
Yes

Had no capital punishment statute STOP HERE and
return form.
Had a capital punishment statute

6. For what offenses can the death penalty be imposed in
your State?

Wholly struck
By U.S. Supreme Court
03
By State Supreme Court
02

Partially struck
04
By U.S. Supreme Court
05
By State Supreme Court
Effective date

Citation

Please provide a copy of the law.

7. Does your State provide for automatic appeal upon
imposition of the death penalty, irrespective of the
defendant’s wishes?
No
01
Yes
02
8. What methods of execution are authorized in your capital
punishment statute?
Mark (X) all that apply.
01

3. In the opinion of the Attorney General, what was the
impact on persons sentenced under your State’s statute?

02
03
04

01 All were effectively

removed from under sentence of death as of
the decision date; that is, legally these persons could not be
executed under that sentence.

None were effectively removed from under sentence of death as
of the decision date; that is, legally these persons could still
possibly be executed under that sentence.

Some were effectively removed from under sentence of death as
of the decision date while others were not; that is, legally some
could still possibly be executed under that sentence while others
could not.

Page 2

05
06

Lethal injection
Electrocution
Lethal gas
Hanging
Firing squad
Other Specify

FORM NPS-8B (10-01-2022)

Attachment 5:
National Prisoner Statistics Program, NPS-8C
(Status of Death Penalty Statutes, Statute in Force)
Sample data collection form

NPS-8C

OMB No. 1121-0030: Approval Expires xx/xx/xxxx

NPS-8C

https://respond.census.gov/nps8ag

RETURN
TO

FORM
(10-01-2022)

STATUS OF DEATH PENALTY STATUTES
STATUTE IN FORCE, 2021
National Prisoner Statistics 2022

U.S. Department of Justice
Bureau of Justice Statistics
and Acting as Collecting Agent
U.S. Department of Commerce
Economic and Statistics Administration
U.S. Census Bureau

(Please correct any error in name, mailing address, and ZIP Code)

DATA SUPPLIED BY
Title

Name
Area code

TELEPHONE

Number

Extension

FAX
NUMBER

Area code

Number

Date completed

E-MAIL
ADDRESS
GENERAL INFORMATION

● If you need assistance in completing the questionnaire, please call Sabrina Webb,
U.S. Census Bureau, toll-free at 1–800–253–2078.
● Please log in to https://respond.census.gov/nps8ag/ and complete your survey before February 13, 2023

Who receives this form?
This form is sent to jurisdictions that had a capital statute in effect on December 31, 2021.
What information is collected?
Items on the reverse side of this form relate to death penalty statutes in effect in your
jurisdiction during the period January 1, 2022, through December 31, 2022.
Burden statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information unless it
displays a currently valid OMB control number. Public reporting burden for this collection of information is
estimated to average 15 minutes per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate or any other aspects of this
collection of information, including suggestions for reducing this burden, to the Director, Bureau of Justice
Statistics, Washington, DC 20531; and to the Office of Management and Budget, OMB No. 1121-0030,
Washington, DC 20503.

1. National Prisoner Statistics (NPS) records
show that at the end of 2021 your State had a capital
punishment statute. During 2022, was that law explicitly
struck in whole or in part by the U.S. or the State Supreme
Court?
01
No – Go to Question 3
Yes

4. As of December 31, 2022, your State –
01
Had no capital punishment statute – STOP HERE and
return form.
Had a capital punishment statute
02
5. For what offense(s) can the death penalty be imposed in
your State?

Wholly struck
By U.S. Supreme Court
By State Supreme Court
03
02

Partially struck
By U.S. Supreme Court
04
05
By State Supreme Court
Effective date

Citation

6. Does your State provide for automatic appeal upon
imposition of the death penalty, irrespective of defendant’s
wishes?
01

Please provide a copy of the Law(s) cited in the box above.

2. In the opinion of the Attorney General, what was the
impact on persons sentenced under your State’s statute?
01 All were effectively

removed from under sentence of death as of
the decision date; that is, legally these persons could not be
executed under that sentence.

None were effectively removed from under sentence of death as
of the decision date; that is, legally these persons could still
possibly be executed under that sentence.

02
03

7. What methods of execution are authorized in your capital
punishment statute?
Mark (X) all that apply.
01
02
03
04
05
06

Lethal injection
Electrocution
Lethal gas
Hanging
Firing squad
Other – Specify

3. During 2022, the capital punishment statute was:
01

No
Yes

NOTES

Not changed
Revised or modified
Replaced (entirely new statute)
Effective date

Citation

Please provide a copy of the revised sections. If
revised more than once, please specify.

Page 2

FORM NPS-8C (10-01-2022)

Attachment 6:
National Prisoner Statistics Program, NPS-8/8A
(Reports of inmates under sentence of death)
Screenshots of 2022 secure web data collection tool

NPS-8 and NPS-8A Burden Statement

NPS-8 and NPS-8A Landing Page

NPS-8A, Existing Inmate: Edit Prior Year Data

NPS-8A, Existing Inmate: Current Year Status 14a, 14b

NPS-8A, Existing Inmate: Removal Questions 14c-16

NPS-8A, Existing Inmate: Review Your Responses (screen for inmates under sentence of death on
reference date)

NPS-8A, Existing Inmate: Review Your Responses (screen for inmates removed from under
sentence of death on reference date

NPS-8: New Inmate, Intake Questions 1-14b

NPS-8: New Inmate, Removal Questions 14c-16

NPS-8: New Inmate, Review Your Responses

Attachment 7:
National Prisoner Statistics Program, NPS-8B/8C
(Status of Death Penalty Statutes)
Screenshots of 2022 secure web data collection tool

NPS-8B and NPS-8C Burden Statement

NPS-8 B

NPS-8C

Attachment 8:
Substantive comments received by BJS in response to the Federal
Register Notifications of OMB review of the National Prisoner
Statistics Program, NPS-8 data collection

From:
To:
Subject:
Date:

DAVID AZIZ
Snell, Tracy (OJP)
[EXTERNAL] Public Comments Re Capital Punishment
Friday, November 10, 2023 12:50:46 AM

Is there any aggregate information published in this report on the victims or crimes committed by those on death
row.
Such as age of victim, gender of victim, multiple victims or just one, relationship to victim, weapon used to kill of
victims.
It certainly would give context regarding why this sentence has been imposed.

Sent from DA Pad

From:
To:
Subject:
Date:

Kenneth Jansen
Snell, Tracy (OJP)
[EXTERNAL] comment on Capital Punishment Report of Inmates Under Sentence of Death.
Saturday, November 18, 2023 2:56:57 PM

Dr Snell:
The information gathered by NPS-8 has tremendous practical utility for me. I
teach criminal justice. The information on the application of capital
punishment is an important topic of great interest to my students.
The program should support state and federal policymakers. The program
provides the data necessary to separate fact from fiction and base policy on
empirical evidence.
I hope that the NPS-8 program continues in force.
Thank you for your consideration. Have a great Thanksgiving!
Sincerely,
Ken Jansen
On Thu, Nov 9, 2023 at 1:06 PM Bureau of Justice Statistics
wrote:
View on Mobile or Webpage

NOVEMBER 9, 2023

Public comments requested on the proposed

extension of a previously approved
collection: Capital Punishment Report of
Inmates Under Sentence of Death
BJS encourages comments for 60 days through January 8, 2024, on
the Capital Punishment Report of Inmates Under Sentence of Death.
Submit your comments on BJS's request to the Office of Management
and Budget through the Federal Register.
Through the National Prisoner Statistics data series (NPS-8), BJS will
collect data from an estimated 85 respondents on changes in the size
and composition of persons under state or federal sentence of death
and changes to the laws regulating the imposition and implementation
of death sentences in the United States.
View the Announcement

The Bureau of Justice Statistics of the U.S. Department of Justice is
the principal federal agency responsible for collecting, analyzing, and
disseminating reliable statistics on crime and criminal justice in the
United States. Kevin M. Scott, PhD, is the acting director.
For more information on BJS's publications, data collections, data
analysis tools, and funding opportunities, visit bjs.ojp.gov.

Subscribe to JUSTSTATS

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Office of Justice Programs | U.S. Department of Justice
810 Seventh Street NW, Washington, DC, 20531 | 800-851-3420 | Visit us online: bjs.ojp.gov
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From:
To:
Subject:
Date:

Mark Bettencourt
Snell, Tracy (OJP)
[EXTERNAL] RE: Public Comment on Proposed Collection of Information - National Prisoner Statistics data series
(NPS–8)
Tuesday, December 12, 2023 8:19:14 PM

Nevada Coalition Against the Death Penalty
P.O. Box 5684
Reno, NV, 89513
[email protected]
12/12/23
Bureau of Justice Statistics
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW, Room 3300
Washington, DC 20531
RE: Public Comment on Proposed Collection of Information - National Prisoner Statistics data
series (NPS–8)
Dear Bureau of Justice Statistics,
I am writing on behalf of the Nevada Coalition Against the Death Penalty to express our
support for the proposed collection of information related to capital punishment as part of the
National Prisoner Statistics data series (NPS–8). This information is crucial for the public,
criminal justice system stakeholders, decision-makers, and advocates to understand how the
death penalty is functioning and establish a whole and informed understanding of the criminal
justice system. Having access to this data, with as many data points as possible and preferably
digitized, is important to hold institutions and their actors accountable, while measuring policy
efficacy.
The quality and clarity of information collected under NPS–8 are of paramount importance.
We recommend exploring ways to enhance the comprehensibility of the collected data,
perhaps through improved categorization or additional contextual information with as many
demographic and geographic data points as is reasonable. We also suggest avoiding bulk
aggregates, or at least provide for means to sort the findings on a case by case basis. This will
facilitate a better understanding of the complexities surrounding capital punishment in the
United States, as well as where biases and disparities may present themselves in application.
Embracing electronic submission methods, as suggested, would streamline the data collection
process and encourage broader participation. In addition, employing electronic collection will
allow the findings to be more easily disseminated and analyzed by system stakeholders and

others.
This data gathering initiative plays a vital role in fostering transparency, accountability, and
informed decision-making within the criminal justice system.
Thank you for considering our comments. We support the Bureau in continuing to uphold the
highest standards in data collection and analysis.
Sincerely,
Mark C. Bettencourt, Jr.
Campaign Director, Nevada Coalition Against the Death Penalty
-Mark Bettencourt
Campaign Director

725-225-4431 | [email protected]

From:
To:
Subject:
Date:

[email protected] on behalf of Caroline Sévilla
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 12:50:47 PM

Dear Bureau of Justie Statistics Department of Justice,
I am writing to express support for the proposed collection of information related to capital punishment as part of
the National Prisoner Statistics data series (NPS–8). This information is crucial to understand how capital
punishment is functioning and establish a complete and informed understanding of the criminal justice system.
Having access to this data is important to hold institutions and their actors accountable.
I recommend including categories and background information in the data you collect, such as demographic and
geographic data. Also, it would be helpful if the methodology provides for means to sort the findings on a case by
case basis. This will facilitate a better understanding of the complexities surrounding capital punishment in the
United States, as well as where biases and disparities may present themselves in application.
This data gathering initiative plays a vital role in fostering transparency, accountability, and informed decisionmaking within the criminal justice system. I urge the BJS to continue collecting this important data.
Thank you for considering my comments.
Thank you,
Caroline Sévilla

From:
To:
Subject:
Date:

[email protected] on behalf of Rita Sloan
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 12:51:11 PM

From:
To:
Subject:
Date:

[email protected] on behalf of Elodie Billard
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 12:53:20 PM

From:
To:
Subject:
Date:

[email protected] on behalf of Nancyann Leeder
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 1:17:37 PM

Dear Bureau of Justie Statistics Department of Justice,
I am an attorney who has defended criminal cases with a capital punishment sentence possible. Therefore I have
seen its disparate use and believe comparative data is necessary for full understanding of its position in our various
criminal justice systems within the United States.
I am writing to express support for the proposed collection of information related to capital punishment as part of
the National Prisoner Statistics data series (NPS–8). This information is crucial to understand how capital
punishment is functioning and establish a complete and informed understanding of the criminal justice system.
Having access to this data is important to hold institutions and their actors accountable.
I recommend including categories and background information in the data you collect, such as demographic and
geographic data. Also, it would be helpful if the methodology provides for means to sort the findings on a case by
case basis. This will facilitate a better understanding of the complexities surrounding capital punishment in the
United States, as well as where biases and disparities may present themselves in application.
This data gathering initiative plays a vital role in fostering transparency, accountability, and informed decisionmaking within the criminal justice system. I urge the BJS to continue collecting this important data.
Thank you for considering my comments.
Thank you,
Nancyann Leeder

From:
To:
Subject:
Date:

[email protected] on behalf of Marija Minic
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 1:44:03 PM

From:
To:
Subject:
Date:

[email protected] on behalf of Stefanie Faucher
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 2:12:02 PM

Dear Bureau of Justie Statistics Department of Justice,
I would like to convey my strong support for the proposed collection of information related to capital punishment as
part of the National Prisoner Statistics data series (NPS–8). This information is crucial to understand how capital
punishment is functioning and establish a complete and informed understanding of the criminal justice system.
Having access to this data is important to hold institutions and their actors accountable.
I suggest including categories and background information in the data you collect, such as demographic and
geographic data. Also, it would be helpful if the methodology provides for means to sort the findings on a case by
case basis. This will facilitate a better understanding of the complexities surrounding capital punishment in the
United States, as well as where biases and disparities may present themselves in application.
This data gathering initiative plays a vital role in fostering transparency, accountability, and informed decisionmaking within the criminal justice system. I urge the BJS to continue collecting this important data.
Thank you for considering my comments.
Thank you,
Ms. Stefanie Faucher

From:
To:
Subject:
Date:

[email protected] on behalf of Elizabeth M
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 2:50:43 PM

From:
To:
Subject:
Date:

[email protected] on behalf of Hillary Taylor
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 3:16:58 PM

From:
To:
Subject:
Date:

[email protected] on behalf of Annemarie Grant
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 7:17:41 PM

Dear Bureau of Justie Statistics Department of Justice,
Collection of this data is critical!!! Anytime we seek to learn more about an issue and the affects and outcomes we
need data to do that!
As a citizen of the USA I want my federal governmental agencies collecting this data immediately!
I am writing to express support for the proposed collection of information related to capital punishment as part of
the National Prisoner Statistics data series (NPS–8). This information is crucial to understand how capital
punishment is functioning and establish a complete and informed understanding of the criminal justice system.
Having access to this data is important to hold institutions and their actors accountable.
I recommend including categories and background information in the data you collect, such as demographic and
geographic data. Also, it would be helpful if the methodology provides for means to sort the findings on a case by
case basis. This will facilitate a better understanding of the complexities surrounding capital punishment in the
United States, as well as where biases and disparities may present themselves in application.
This data gathering initiative plays a vital role in fostering transparency, accountability, and informed decisionmaking within the criminal justice system. I urge the BJS to continue collecting this important data.
Thank you for considering my comments.
Thank you,
Annemarie Grant

From:
To:
Subject:
Date:

[email protected] on behalf of John Chapman
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 8:38:24 PM

From:
To:
Subject:
Date:

[email protected] on behalf of Ralf-Dietmar Klatte
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 9:33:49 PM

From:
To:
Subject:
Date:

[email protected] on behalf of Tonja Brown
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Thursday, December 14, 2023 11:32:33 PM

From:
To:
Subject:
Date:

[email protected] on behalf of Raeshann Canady
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Friday, December 15, 2023 12:23:23 PM

From:
To:
Subject:
Date:

[email protected] on behalf of Abbey MacKinnon
Snell, Tracy (OJP)
[EXTERNAL] Public Comment for NPS-8
Friday, December 29, 2023 12:46:25 AM

Dear Bureau of Justie Statistics Department of Justice,
I am writing to support the proposed collection of information related to capital punishment as part of the National
Prisoner Statistics data series (NPS–8). Collecting information on the death penalty is crucial to understanding how
capital punishment functions and establishing a complete and informed understanding of the criminal justice system.
Access to this data, for both the public and institutions, is important to hold institutions and their actors accountable.
I recommend including categories and background information in the data you collect, such as demographic and
geographic data. Also, it would be helpful if the methodology provides a means to sort the findings on a case-bycase basis. This will facilitate a better understanding of the complexities surrounding capital punishment in the
United States and where biases and disparities may present themselves in application.
This data-gathering initiative is vital to foster transparency, accountability, and informed decision-making within the
criminal justice system. I urge the BJS to continue collecting this important data.
Thank you for considering my comments.
Thank you,
Abbey MacKinnon

Attachment 9:
National Prisoner Statistics Program, NPS-8/8A
(Reports of inmates under sentence of death)
Sample Data collection request letter

January x, 202x
Name, Title
Street1
Street2
City, State, Zip
Dear Name:

Once again it is time to collect information about persons under sentence of death in your jurisdiction. Enclosed you will fi nd NPS-8
and NPS-8A materials for calendar year 202X. The U.S. Census Bureau collects these data for the Bureau of Justice Statistics (BJS)
under the authority of Title 34 U.S.C. § 10231. All information will be managed in accordance with the BJS Data Protection Guidelines
(available at http://www.bjs.gov/content/pub/pdf/BJS_Data_Protection_Guidelines.pdf), which summarize the many federal statutes,
regulations, and other authorities that govern BJS data and data collected and maintained under BJS’s authority. Th e information that
you provide makes it possible for us to produce an annual report on capital punishment, which is among the most requested BJS
publications.
While your participation is voluntary, your assistance is extremely important. Because of your careful work and that of other data
providers, our annual report is viewed as a reliable and accurate source of information on the death penalty in the United States. Results
from the 2020 data collection can be found here, Capital Punishment, 2020 – Statistical Tables. Previous capital punishment reports can
be accessed on the BJS website at https://bjs.ojp.gov/topics/corrections/capital-punishment.
During the contact information verification conversation with Jessica Klein, our collection agent at the Census Bureau, you expressed
interest in submitting your data using the online web application. You can access materials for web submission at
https://respond.census.gov/nps8. Please retain this information as web login and password information have been sent in a separate
letter. We ask that you submit data by Month xx, 202x. If you have questions or need assistance, you may contact Jessica Klein by
email at [email protected] or by phone at (800) 253-2078.
We estimate that your reporting burden will average 30 minutes per response, including the time needed to review instructions , search
existing data sources, gather and maintain the data needed, and complete and review the collection of information. The approval of this
data collection expires xx/xx/xxxx. Send comments regarding this burden or any other aspect of this collection of information, including
suggestions for reducing this burden, to the Director, Bureau of Justice Statistics, Washington, DC 20531 and to the Office of
Management and Budget, OMB No. 1121-0030, Washington, DC 20503.
Thank you for your time and efforts in this data collection and for your support of BJS’s statistical programs. If you need a ssistance
with any matters related to the NPS-8 collection, feel free to contact the NPS-8 program manager, Tracy Snell, at
[email protected] or (202) 598-1660.
Sincerely,

Rich Kluckow, Chief
Corrections Statistics Unit

Tracy L. Snell, Statistician
NPS-8 Program Manager

Attachment 10:
National Prisoner Statistics Program, NPS-8/8A
Sample Login information letter

January x, 202x
Name, Title
Street1
Street2
City, State, Zip
Dear Name,
Thank you for your continued participation in the National Prisoner Statistics (NPS-8) collection of data on inmates under
sentence of death. You recently indicated your preference to submit data online. Your username and password to access the
web application are listed below. Username and password are case sensitive. The web address for online submission can be
found in the survey introduction letter. Please retain both letters in order to efficiently access the online web application when
you are ready to submit your data.
USERNAME: XX001
PASSWORD: See “NPS-8 A 202x Login Code” document
We ask that you please submit your data by Month xx, 202x. If you need any assistance, please contact Jessica Klein, our
data collection agent at the U.S. Census Bureau, by phone at (800) 253-2078 or by email at [email protected].
Sincerely,

Rich Kluckow, Chief
Corrections Statistics Unit

Tracy L. Snell, Statistician
NPS-8 Program Manager

Attachment 11:
National Prisoner Statistics Program, NPS-8/8A
Sample Data collection flyer

Attachment 12:
National Prisoner Statistics Program, NPS-8B/8C
(Status of Death Penalty Statutes)
Sample Data collection request letter

January x, 202x
Name, Title
Street1
Street2
City, State, Zip
Dear Name,
Once again it is time to collect information regarding the status of state and federal death penalty statutes. The information that you and others
provide makes it possible for the Bureau of Justice Statistics (BJS) to produce an annual report on capital punishment. In addition to providing
statistics on persons under sentence of death and executions, the report tracks changes in death penalty laws over time.
The enclosed questionnaire refers to death penalty laws enacted in your jurisdiction during the period January 1, 202x through December
31, 202x
You can submit your completed (NPS-8B or NPS-8C) form via web at https://respond.census.gov/nps8ag. Your username and password is
below:
Username: XX001
Password: See “NPS-8B/C Login Code” document
We would like to receive your submission no later than February 14, 202x. If you have any questions or need any assistance, please contact
Sabrina Webb by email at [email protected] or by phone at (800) 253-2078.
The Census Bureau collects these data for BJS, under the authority of Title 34 U.S.C. § 10231. All information will be managed in accordance
with the BJS Data Protection Guidelines (available on the BJS website at
http://www.bjs.gov/content/pub/pdf/BJS_Data_Protection_Guidelines.pdf), which summarize the many federal statutes, regulations, and other
authorities that govern BJS data and data collected and maintained under BJS’s authority. Your participation is voluntary; however, your
cooperation is extremely important in helping us assemble an accurate picture of capital punishment in the United States. Results from the
2021 data collection can be found here, Capital Punishment, 2021 – Statistical Tables. Previous capital punishment reports can be
accessed on the BJS website at https://bjs.ojp.gov/topics/corrections/capital-punishment.
Thank you for your continued participation in this data collection. If you need assistance with the NPS-8 collection, feel free to contact the
NPS-8 program manager, Tracy Snell, at [email protected] or (202) 598-1660.
Sincerely,

Rich Kluckow, Chief
Corrections Statistics Unit

Tracy L. Snell, Statistician
NPS-8 Program Manager

Attachment 13:
National Prisoner Statistics Program, NPS-8B/8C
Sample Data collection flyer

Attachment 14:
National Prisoner Statistics Program, NPS-8/8A
Sample BJS email data release notification letter

Title First name Last name
Job title
Office
Division
Building
Address1
Address2
City, State Zip code
Dear < Last name>:
Thank you for your participation in the Bureau of Justice Statistics’ survey on capital punishment. The enclosed draft
tables have been compiled from information provided by your office regarding persons under sentence of death
during calendar year 202x. We will include these tables in Capital Punishment, 202x – Statistical Tables. The
report will become available on the BJS website (http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=18).
If you have questions, please call me at (202) 598-1660.
Please do not distribute these tables. The data are preliminary and subject to change.
As always, we appreciate your assistance in maintaining the accuracy and timeliness of the Capital Punishment series.
Sincerely,

Tracy L. Snell
Statistician
Corrections Statistics
Attachments

Attachment 15:
National Prisoner Statistics Program, NPS-8B/8C
Sample BJS email data release notification letter

{Date}
Title First name Middle Initial Last Name
Job title, Job title #2
Office
Building address
Street address
City, State Zip code
Dear <Title>< Last Name>:
Thank you for your participation in the Bureau of Justice Statistics’ survey on capital punishment. The enclosed tables
were assembled from information provided by your office regarding the status of capital statutes in your State
during calendar year 202x. We will include these tables in Capital Punishment, 202x – Statistical Tables. The report
will become available on the BJS website (http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=18).
If you have questions, please feel free to call me at (202) 598-1660.
Please do not distribute these tables. The data are preliminary and subject to change.
As always, we appreciate your assistance in maintaining the accuracy and quality of these data.
Sincerely,

Tracy L. Snell
Statistician
Corrections Statistics
Attachments

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